Terms of Service

Black Bear Landscaping ("we," "us," or "our") · App: LandscaperHub · Effective date: 10/27/2026 · Last updated: 10/27/2026

Drafting note: this is a starting template, not legal advice. Fill in every [bracketed] item and have a licensed attorney review it before you publish. Pay particular attention to Sections 6 and 7 (messaging compliance) and Sections 14 and 15 (liability and disputes), which vary by state and risk tolerance.

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding agreement between you and Black Bear Landscaping governing your access to and use of LandscaperHub, including our website, mobile and web applications, and related services (the "Services"). By creating an account, clicking "I agree," or using the Services, you accept these Terms and our Privacy Policy.

If you are using the Services on behalf of a business, you represent that you have authority to bind that business, and "you" includes that business. If you do not agree to these Terms, do not use the Services.

2. What the Services Do

[App Name] is business management software for service companies. It lets you track leads, create quotes and invoices, schedule jobs and appointments, manage clients, accept payments, and send automated follow-up messages by text, email, and in-app notification. LandscaperHub is a software tool. We are not a party to any agreement between you and your clients, and we do not perform, supervise, or guarantee any services you provide.

3. Eligibility and Accounts

  • You must be at least 18 years old and able to form a binding contract.

  • You must provide accurate, current registration information and keep it updated.

  • You are responsible for all activity under your account, including activity by team members you invite. Keep your login credentials confidential and notify us promptly at [propreservesolutions@gmail.com] of any unauthorized use.

  • The account owner is responsible for assigning appropriate permissions to team members and for their compliance with these Terms.

4. Subscriptions, Fees, and Payment

  • Plans and pricing. Paid features require a subscription. Current pricing is shown on our website or in the app and may change with notice as described below.

  • Billing. Subscriptions renew automatically at the end of each billing period (monthly or annually) until canceled. You authorize us and our payment processor to charge your payment method on file.

  • Usage fees. Text messages, phone numbers, and similar usage-based features may carry additional charges or message allotments, as described at the time of purchase.

  • Free trials. If we offer a free trial, you will be charged when it ends unless you cancel beforehand.

  • Cancellation and refunds. You may cancel at any time in your account settings; cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable and we do not provide credits for partial periods.

  • Price changes. We may change fees with at least [30] days' notice. Continued use after the change takes effect constitutes acceptance.

  • Taxes. Fees do not include taxes, which you are responsible for, other than taxes on our net income.

  • Late or failed payments. We may suspend or limit access if payment fails and is not cured within a reasonable period.

5. Your Data and Content

Ownership. You retain all rights to the information you or your clients enter into the Services, including client lists, job records, photos, templates, and messages ("Customer Content"). We do not claim ownership of it.

License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and otherwise use Customer Content as needed to provide, secure, support, and improve the Services and to comply with law.

Aggregated data. We may create and use aggregated or de-identified data that does not identify you or any individual for analytics, benchmarking, and product development.

Your responsibility. You are solely responsible for the accuracy, legality, and appropriateness of Customer Content and for having all rights and permissions needed to submit it, including permission to store and message the individuals whose information you upload.

Data protection. Our handling of personal information is described in our Privacy Policy. As between you and us, you are responsible for your own privacy notices to your clients and for responding to their requests, and we will reasonably assist where we hold the data on your behalf. [Optional: A Data Processing Addendum is available on request.]

Export and deletion. You may export your data while your account is active. After termination, we will delete or de-identify Customer Content as described in our Privacy Policy, subject to legal retention requirements.

6. Automated Messaging: Your Compliance Responsibilities

The Services allow you to send automated and bulk text messages and emails to leads and clients. You, not us, are the sender of those messages and are responsible for their content and for complying with all applicable laws. Those laws include, without limitation, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the FTC Telemarketing Sales Rule, applicable state "mini-TCPA" and telemarketing laws, carrier and CTIA messaging guidelines, and similar laws in any jurisdiction where your recipients are located.

By using messaging features, you represent, warrant, and agree that you will:

  1. Obtain proper consent. Obtain and keep records of all consent required by law before sending any message, including prior express written consent where required for marketing or automated messages. You may not message anyone who has not consented or with whom you do not otherwise have a lawful basis to communicate.

  2. Send only lawful content. Messages must identify your business, be truthful and non-deceptive, and comply with applicable law. Do not send content that is unlawful, harassing, threatening, fraudulent, sexually explicit, related to illegal goods, or that violates carrier rules.

  3. Honor opt-outs immediately. Respect STOP, UNSUBSCRIBE, and similar requests and do not re-enroll anyone who has opted out. Our system will block messages to numbers and addresses that have opted out, but you must not attempt to circumvent that.

  4. Respect quiet hours. Send messages only during hours permitted by law for the recipient's location (for example, generally no calls or marketing texts before 8 a.m. or after 9 p.m. recipient local time, and stricter limits in some states).

  5. Include required disclosures. Include any required identification, opt-out language, and physical address in your messages.

  6. Register as required. Complete carrier registration (such as A2P 10DLC brand and campaign registration or toll-free verification) accurately and truthfully, and keep it current. We may require this before you can send texts.

  7. Not purchase or scrape lists. Do not upload purchased, rented, scraped, or third-party lead lists unless each person has given valid consent to be contacted by you.

  8. Not use shared consent. Do not assume consent given to another business transfers to you.

We may review, filter, delay, block, or suspend messaging that we reasonably believe violates law, carrier rules, or these Terms, including to protect our sender reputation and the deliverability of other customers. We do not guarantee message delivery, timing, or open rates, since delivery depends on carriers and third parties outside our control. You are responsible for any fines, penalties, carrier fees, or claims arising from your messages (see Section 13).

7. Acceptable Use

You agree not to:

  • Violate any law or the rights of others;

  • Use the Services to send spam, phishing, or deceptive messages;

  • Upload malware or interfere with or disrupt the Services or their security;

  • Attempt to access accounts, data, or systems you are not authorized to access;

  • Reverse engineer, decompile, or scrape the Services, or build a competing product using our confidential information or non-public features;

  • Resell or sublicense the Services without our written permission;

  • Use the Services to store or process sensitive data we have not agreed to handle, such as protected health information or full payment card data outside our payment tools; or

  • Misrepresent your identity or affiliation.

We may investigate violations and take action, including removing content and suspending or terminating accounts.

8. Third-Party Services and Integrations

The Services work with third-party providers, such as payment processors, SMS and email carriers, calendar and accounting tools, and map services. Your use of those services is governed by their own terms. We are not responsible for third-party services, their availability, or their acts or omissions. Payment processing is provided by [Payment Processor], and you agree to its terms in addition to these Terms. Message and data rates may apply.

9. Intellectual Property

The Services, including software, design, text, graphics, logos, and trademarks, are owned by us or our licensors and protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes. All rights not expressly granted are reserved.

If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

10. Confidentiality and Security

We use reasonable administrative, technical, and physical safeguards to protect your data, as described in our Privacy Policy. You are responsible for configuring your account securely, including using strong passwords and limiting access to trusted team members. No system is completely secure, and we cannot guarantee that unauthorized access will never occur.

11. Term and Termination

These Terms apply from the time you first use the Services until your account is closed. You may terminate at any time by canceling your subscription and closing your account. We may suspend or terminate your access immediately, with or without notice, if you breach these Terms, create risk or legal exposure for us or others, fail to pay, or if we discontinue the Services. Sections that by their nature should survive termination will do so, including Sections 5, 6 (as to past conduct), 9, 12 through 16.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MESSAGES WILL BE DELIVERED. WE DO NOT PROVIDE LEGAL, TAX, OR ACCOUNTING ADVICE; ANY COMPLIANCE FEATURES OR GUIDANCE ARE TOOLS ONLY AND DO NOT ENSURE YOUR COMPLIANCE WITH ANY LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless [Black Bear Landscaping], its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Content; (b) messages you send or cause to be sent through the Services, including any claim under the TCPA, CAN-SPAM, or similar laws; (c) your breach of these Terms or applicable law; or (d) your dealings with your clients and leads.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE [TWELVE (12)] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

15. Dispute Resolution

Informal resolution first. Before filing a claim, you agree to contact us at [propreservesolutions@gmail.com] and try to resolve the dispute informally for at least 30 days.

Binding arbitration. [Subject to attorney review:] Any dispute not resolved informally will be resolved by binding individual arbitration administered by [AAA / JAMS] under its rules, rather than in court, except that either party may bring qualifying claims in small claims court and either party may seek injunctive relief in court to protect intellectual property.

Class action waiver. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective, or representative proceeding.

Opt out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing [propreservesolutions@gmail.com]

Governing law and venue. These Terms are governed by the laws of the State of [State], without regard to conflict-of-law rules. For any dispute not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in [County, State].

16. General

  • Changes. We may update these Terms. For material changes, we will give notice by email or in the app at least [30] days before they take effect. Continued use after the effective date means you accept the updated Terms.

  • Entire agreement. These Terms and the Privacy Policy are the entire agreement between us regarding the Services and supersede prior agreements.

  • Severability. If any provision is unenforceable, the rest remains in effect.

  • No waiver. Our failure to enforce a provision is not a waiver of it.

  • Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

  • Notices. We may provide notices by email, in the app, or by posting on our website. Send notices to us at the address below.

  • Electronic signature. You consent to enter into these Terms electronically.

17. Contact Us

[Black Bear Landscaping] [1515 9th St, Rapid City, SD 57701] Email: [propreservesolutions@gmail.com]